Isaac Stern's Family Wins Probate Contest

[Ralph]

Stern Lawsuit Settled
AP/Wide World Photo
Probate court rules in favor of Isaac Stern family

By Erin Shrader

A Connecticut probate court has ordered the former executor of Isaac Stern’s estate, William Moorhead, to refund more than $312,000 in fees he paid himself, plus $250,000 in unnecessary expenses he has charged the estate. In a complaint against Moorhead by Stern’s three children—Michael, David, and Shira—the May 4 New Milford, Connecticut, Probate Court decree found that the executor had not properly inventoried the late violinist’s estate, including a $3.7 million Manhattan apartment and valuable personal property. The court agreed that Moorhead’s “consistent and persistent” mishandling of the estate resulted in the sale at auction of Stern’s instruments, memorabilia, and music library to cover debts left by the estate.

At the center of the dispute was Stern’s office apartment on Central Park West. The violinist signed the apartment over to his wife of five years, Linda Reynolds Stern, while he was hospitalized a few weeks before his death in 2001—an act characterized by the court as an attempted deathbed transfer under peculiar circumstances, done without proper procedures and documentation. Moorhead treated the transfer as valid, despite the contrary language of the will and loud protests from the Stern children. Court records show that Moorhead maintained an office in the apartment, rented from Linda Stern for $8,000 a month, charged to the estate. He also charged the estate for such expenses as a full-time office manager, cable TV, maid service, and a New York Times subscription as well as paying himself $312,860 in fees while claiming the estate was insolvent.

Had the value of the apartment been included in Moorehead’s accounting, there would have been sufficient funds to settle the estate’s debts. Instead, ignoring the language of the will, he contracted with Tarisio, the online violin auction house, to sell off Stern’s musical property, including individual bequests to family members, without contacting the heirs. Michael Stern learned of the sale in a phone call from a Philadelphia Orchestra member who saw it on the Internet. Sale of their father’s instruments, manuscripts, letters, and signed photographs—a personal collection chronicling the lifetime of one of the world’s great violinists—was a tremendous personal loss to his children, the lawsuit alleged.

“A legacy was squandered,” says Mark D. Schwartz, attorney for the Stern children. “The lesson is people better do some planning, because this was an outrage. In the final analysis it can happen to anybody.” 

[karlhenning]

At times, the world is such a sad place ....

[Lance]

I'm glad to see that justice has been served in favor of the Stern family. Under these new-found circumstances, is it ever possible to retrieve any of the great legacy in the way of instruments, personal papers, etc., so that the surviving children can reclaim any of this? If it was sold "illegally," are there laws to get the materials back? Or is it all now, with this much time gone, kaput?

Isaac Stern, whom I met and talked with for a long period of time, along with his accompanist, Alexander Zakin, struck me as an exceptional person and business man. It's hard to believe he would not have had his affairs in good order. Indeed, trusting his lawyer in all things relating to his estate was a bad mistake, or a ploy by those in charge of it. What happens now to the lawyer?

Thank you for keeping us up-to-date on the Stern fiasco, Ralph.

[Ralph]

I'm glad to see that justice has been served in favor of the Stern family. Under these new-found circumstances, is it ever possible to retrieve any of the great legacy in the way of instruments, personal papers, etc., so that the surviving children can reclaim any of this? If it was sold "illegally," are there laws to get the materials back? Or is it all now, with this much time gone, kaput?

Isaac Stern, whom I met and talked with for a long period of time, along with his accompanist, Alexander Zakin, struck me as an exceptional person and business man. It's hard to believe he would not have had his affairs in good order. Indeed, trusting his lawyer in all things relating to his estate was a bad mistake, or a ploy by those in charge of it. What happens now to the lawyer?

Thank you for keeping us up-to-date on the Stern fiasco, Ralph.

*****

Under American law a thief can not pass title so even with a seemingly legitimate sale down the road recovery by the true owner is legally possible. This is why you read about art works and musical instruments that were stolen but have been sold and resold being successfully claimed by the true owner.

BUT...when a person with authority to sell does so, but unwisely or improvidently, or even against the later disclosed wishes of an estate's beneficiaries, the sale is binding,valid and final.

If the lawyer committed malpractice rather than a mistake it's possible he can be successfully sued for the value lost by the dispositions he made. The news story I posted suggests enough unethical "self-dealing," as it's called, to support a disciplinary proceeding. I'd need to know more to hazard a view as to whether any potential criminal culpability exists.

[Lance]

I'm glad to see that justice has been served in favor of the Stern family. Under these new-found circumstances, is it ever possible to retrieve any of the great legacy in the way of instruments, personal papers, etc., so that the surviving children can reclaim any of this? If it was sold "illegally," are there laws to get the materials back? Or is it all now, with this much time gone, kaput?

Isaac Stern, whom I met and talked with for a long period of time, along with his accompanist, Alexander Zakin, struck me as an exceptional person and business man. It's hard to believe he would not have had his affairs in good order. Indeed, trusting his lawyer in all things relating to his estate was a bad mistake, or a ploy by those in charge of it. What happens now to the lawyer?

Thank you for keeping us up-to-date on the Stern fiasco, Ralph.

*****

Under American law a thief can not pass title so even with a seemingly legitimate sale down the road recovery by the true owner is legally possible. This is why you read about art works and musical instruments that were stolen but have been sold and resold being successfully claimed by the true owner.

BUT...when a person with authority to sell does so, but unwisely or improvidently, or even against the later disclosed wishes of an estate's beneficiaries, the sale is binding,valid and final.

If the lawyer committed malpractice rather than a mistake it's possible he can be successfully sued for the value lost by the dispositions he made. The news story I posted suggests enough unethical "self-dealing," as it's called, to support a disciplinary proceeding. I'd need to know more to hazard a view as to whether any potential criminal culpability exists.

Ralph, you continue to be amazing. WHAT a return post, in a language anybody can understand, full of information and possibilities! No wonder you are considered such an exceptional teacher of law! [Did I make your day?]

[Ralph]

I'm glad to see that justice has been served in favor of the Stern family. Under these new-found circumstances, is it ever possible to retrieve any of the great legacy in the way of instruments, personal papers, etc., so that the surviving children can reclaim any of this? If it was sold "illegally," are there laws to get the materials back? Or is it all now, with this much time gone, kaput?

Isaac Stern, whom I met and talked with for a long period of time, along with his accompanist, Alexander Zakin, struck me as an exceptional person and business man. It's hard to believe he would not have had his affairs in good order. Indeed, trusting his lawyer in all things relating to his estate was a bad mistake, or a ploy by those in charge of it. What happens now to the lawyer?

Thank you for keeping us up-to-date on the Stern fiasco, Ralph.

*****

Under American law a thief can not pass title so even with a seemingly legitimate sale down the road recovery by the true owner is legally possible. This is why you read about art works and musical instruments that were stolen but have been sold and resold being successfully claimed by the true owner.

BUT...when a person with authority to sell does so, but unwisely or improvidently, or even against the later disclosed wishes of an estate's beneficiaries, the sale is binding,valid and final.

If the lawyer committed malpractice rather than a mistake it's possible he can be successfully sued for the value lost by the dispositions he made. The news story I posted suggests enough unethical "self-dealing," as it's called, to support a disciplinary proceeding. I'd need to know more to hazard a view as to whether any potential criminal culpability exists.

Ralph, you continue to be amazing. WHAT a return post, in a language anybody can understand, full of information and possibilities! No wonder you are considered such an exceptional teacher of law! [Did I make your day?]

*****

Absolutely. And this summer, like all of them, is too damn long. Can't wait to get back to the classroom.

So when are you visiting your daughter in the city so we can get together at last?